Comparative and Foreign Law Commons^™

The Most Fundamental Right, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.

When Alternative Dispute Resolution Works: Lessons Learned From The Bashingantahe, Alexander J. Buszka

Buffalo Law Review

No abstract provided.

Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

Cardozo Journal of Conflict Resolution

This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …

Judicial Conflict Resolution In Plea Bargaining As The Golden Mean Between The Adversarial And Inquisitorial Legal Systems, Golan Luzon

Cardozo Journal of Conflict Resolution

This article seeks to develop a better understanding of plea bargaining as a mechanism of judicial conflict resolution in criminal law. Plea bargaining plays a significant role in both the adversarial and inquisitorial legal systems. The article examines how the plea-bargaining model is designed in both legal systems by comparing two civil law countries (Italy and Germany) with two common law countries (England and Wales and the U.S.). I argue that two developments-a mechanism similar to plea bargaining in inquisitorial systems and judges' participation in the criminal plea bargaining negotiations in adversarial legal systems-are part of the same phenomenon seeking …

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma

Cardozo Journal of Conflict Resolution

No abstract provided.

The Role Of Empirical Research And Dispute System Design In Proposing And Developing International Treaties: A Case Study Of The Singapore Convention On Mediation, S. I. Strong

Cardozo Journal of Conflict Resolution

This Article seeks to provide insights into the "black box" of early treaty-making processes by undertaking a case study of the development of the United Nations Convention on International Settlement Agreements Resulting from Mediation, known colloquially as the Singapore Convention on Mediation (Singapore Convention). The discussion focuses on several issues that have seldom been addressed in the legal literature, including the way in which a proposal for an international treaty makes its way to the relevant decision-makers and how those decision-makers determine which of the various alternatives to pursue. The analysis also considers how interested individuals can assist the treaty-proposing …

Report On Empirical Study Of Business Users Regarding International Mediation And Enforcement Mechanisms, David S. Weiss, Michael R. Griffith

Cardozo Journal of Conflict Resolution

This report will proceed as follows. Part II describes the methodology of the IMI and NJCU IDR study in conjunction with analyzing the GPC Survey. Part III provides basic information of the demographics of the users, their sectors of business, and other pertinent data that can be useful for further academic scholarly review. Part IV analyzes the user's response to the surveys. Part V will analyze pertinent questions from the GPC Survey. Finally, Part VI provides concluding thoughts on the results of this report.

The responses to the survey questions will be provided if requested with personal identifying information removed …

Singapore Convention Defences Based On Mediator's Misconduct: Articles 5.1(E) & (F), Michel Kallipetis

Cardozo Journal of Conflict Resolution

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an …

Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes

Cardozo Journal of Conflict Resolution

This article will attempt to: (i) explain the purpose behind the drafting of the grounds to refuse enforcement; (ii) describe the scope of these defenses, based on the deliberations of the Working Group that drafted the Singapore Convention; and finally, (iii) briefly comment on the relationship between the scope of the defenses and the likelihood of the success of the Singapore Convention.

The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa, Joel H. Samuels

Articles

No abstract provided.

The Case For American Muslim Arbitration, Rabea Benhalim

Publications

This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …

Rule Of Law With Asian Characteristics: Cultural Insights From The Occupy Central Movement In Hong Kong, Jeffrey E. Thomas

Faculty Works

No abstract provided.

The Supreme People's Court Annual Report On Intellectual Property Cases (2017) (China), Ida L. Knox, Ruixiang (Ray) Xu, Weichen Zhu

Washington International Law Journal

The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, trade secrets, copyright, and unfair competition cases. This 2017 Annual Report examines 42 cases and includes general guidelines for legal application. This summary reflects the Supreme People’s Court’s thoughts and approaches for ruling on new and complex IP and competition cases.

Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan

Research Collection Yong Pung How School Of Law

The market for corporate control is animportant corporate governance mechanism for the discipline of corporatemanagers. However, the process and substance of the regulation of hostiletakeovers differs remarkably among various jurisdictions. Existing andinfluential scholarship has focused on the differences in regulation between UnitedStates (US) and the United Kingdom (UK), with the explanations being founded ininterest group politics. Influential as it is, the question is whether thetheory can be extended outside of the US and the UK, particularly to theirlegal transplants in Asia? In the last few decades, many of the Asianjurisdictions have drawn heavily from the US and the UK when …

The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak

Michigan Law Review

Review of James Q. Whitman's Hitler's American Model: The United States and the Making of Nazi Race Law.

Introduction, Hal Abramson

Cardozo Journal of Conflict Resolution

This Reference Book focuses on the new Singapore Mediation Convention for enforcing cross-border mediated settlement agreements. It is designed to deliver on its title-as a reference book. We hope that it will inform discussions as states contemplate ratifying the Singapore Convention and will aid users when interpreting the Convention.

Recognition By Any Other Name: Article 3 Of The Singapore Convention On Mediation, Timothy Schnabel

Cardozo Journal of Conflict Resolution

The heart of the Singapore Convention is contained in its third article. Other parts of the treaty's text, such as Article 1 (addressing the scope of the Convention), consumed more hours of the negotiations, and Article 5 (addressing grounds for refusal) will likely be the focus of most of the eventual litigation regarding the Convention's application to particular disputes. Moreover, most of the Convention's fifteen other articles are longer and more detailed than Article 3. Yet only Article 3 imposes affirmative obligations on Parties to the Convention. All other articles merely play supporting roles, such as placing boundaries on the …

Reservations In The Singapore Convention-Helping To Make The "New York Dream" Come True, Itai Apter, Coral Henig Muchnik

Cardozo Journal of Conflict Resolution

Following a brief introduction of the Singapore Convention, this article discusses the concept of reservations in international law and the importance of such mechanisms for facilitating adherence to multilateral treaties. It then focuses on two elements of the reservation mechanism including their drafting history, purposes, and consequences. In the final section of the article, we explain how these reservations will likely constitute a key component to the success of the Singapore Convention.

The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch

Cardozo Journal of Conflict Resolution

No abstract provided.